To determine if you are entitled to compensation from ICBC for injuries suffered in a motor vehicle, the first step is to identify who was liable or at fault for the collision. This is known as liability. Determining who was at fault for the accident is important because a claim for compensation is based in…
We are pleased to announce that Jacqueline Small, partner with our firm, was recently interviewed again by Canadian Lawyer Magazine about an ICBC hit and run case which was dismissed at trial. Ms. Small wrote a blog article on this ICBC hit and run case where the injured claimant’s credibility was a key factor in…
Parmar v. Rink 2019 BCSC 1626 is a pedestrian crosswalk case. In this case, the motor vehicle accident occurred in a marked crosswalk in a rural area. The injured claimant, who was wearing dark clothing, was walking with her two children. It was the early evening and it was dark out. The roads were wet…
If your vehicle has been damaged and the cost of repairs is more than $2,000.00 as a result of a motor vehicle accident, then if you choose to sell this vehicle you must declare the accident to the prospective buyer. A damaged/repaired vehicle is considered less valuable with a lower resale value. If your vehicle…
The NDP no fault auto insurance will become law to benefit auto monopoly ICBC in May, 2021. However, people in British Columbia have not been told of the potential for these changes to result in more injuries and death on our roads. As the personal responsibility of guilty driver is eliminated, so to will the…
Despite $300 million in ICBC savings and a reduction in claims by 37% between April and June, 2020 ICBC is refusing to pay back drivers. It appears ICBC and the NDP are playing politics by waiting to election time to pass the saving onto BC drivers. In fact, ICBC continue to charge high insurance rates…
ICBC full no-fault insurance, soon to be law, gives absolute powers to the auto insurance monopoly ICBC. The government, starting May, 2021, will allow ICBC to value human suffering at zero ($0.00), giving no compensation to the injured. The BC NDP will be taking money that should be used to compensate innocent victims and giving…
The assessment of an injured claimant’s credibility and the reliability of his/her evidence is pivotal in any personal injury claim. An injured claimant who accurately describes his/her symptoms and circumstances before and after an accident without minimizing or embellishing them can reasonably anticipate that the court will find his/her evidence to be credible and reliable.…
If you are injured in a motor vehicle accident that was not your fault, ICBC cannot outright deny your claim for not wearing your seatbelt, but ICBC can argue that you were contributorily negligent by relying on a seatbelt defence. Contributory negligence is a legal defence that ICBC uses to reduce an injured claimant’s compensation.…
The limits on experts and expert reports introduced February 11, 2019 have been set aside by the Supreme Court. Orders under Rule 11-8 are also of no force or effect. The Supreme Court struck down these arbitrary limits on expert evidence (Crowder v. British Columbia (Attorney General), 2019 BCSC 1824). Attorney General David Eby was…